Businesses continue to feel the pain from the deluge of website accessibility complaints filed by vision-impaired individuals and organizations representing the vision-impaired. Much of the problem is due to the lack clear...more
A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more
7/1/2021
/ Administrative Monetary Penalties ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Due Process ,
Mobile Apps ,
Motion for Summary Judgment ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dismissals ,
Dominos ,
Due Process ,
Mobile Apps ,
Permanent Injunctions ,
Petition for Writ of Certiorari ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more
9/10/2019
/ Americans with Disabilities Act (ADA) ,
Brick-and-Mortar Stores ,
E-Commerce ,
Popular ,
Public Accommodation ,
Split of Authority ,
Summary Judgment ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Members of Congress are once again asking the U.S. Department of Justice (“DOJ”) to take action addressing website accessibility under the Americans with Disabilities Act (“ADA”) in light of the increasing number of lawsuits...more
Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more
6/18/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Due Process ,
Jurisdiction ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Restaurant Industry ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
The Eleventh Circuit Court of Appeals has held that a prior settlement agreement, pursuant to which a defendant has agreed to improve website accessibility, does not necessarily render moot a new website accessibility...more
An update has been published to the Web Content Accessibility Guidelines (WCAG) 2.0, the standards that have been applied by many courts in the absence of website accessibility regulations by the Department of Justice.
The...more
2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more
1/8/2018
/ Americans with Disabilities Act (ADA) ,
Blue Apron ,
Corporate Counsel ,
CVS ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Hobby Lobby ,
Internet Retailers ,
NPRM ,
Retailers ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Winn-Dixie Stores
Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the...more
1/2/2018
/ Americans with Disabilities Act (ADA) ,
Community Banks ,
Demand Letter ,
Department of Justice (DOJ) ,
Financial Institutions ,
Mobile Apps ,
Settlement ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more
11/30/2017
/ Advertising ,
Breach of Contract ,
Cosmetics ,
Diversity ,
EU ,
Fashion Industry ,
France ,
Franchise Agreements ,
Human Trafficking ,
Managers ,
Minors ,
Modern Slavery Act ,
Photographs ,
Retailers ,
UK ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
Courts across the country continue to weigh in on the issue of website accessibility. Earlier this month, the U.S. District Court for the District of New Hampshire denied a Motion to Dismiss filed by online food delivery...more
Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more
11/21/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Public Accommodation ,
Split of Authority ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites